President Bush recently nominated Maryland U.S. Attorney Rod Rosenstein to become a federal judge on the U.S. Fourth Circuit Court of Appeals in Richmond. While Rosenstein has declined to comment on the matter, he did sit down with The Examiner?s Luke Broadwater prior to his nomination to discuss his work.
A graduate of Harvard law school, Rosenstein has been Maryland?s top federal prosecutor since 2005.
Q Shootings and murders are up significantly this year in Baltimore. What are you, the U.S. Attorney, doing to help with the problem?
A Through the Maryland EXILE program, which we implemented last year, we have a two-prong approach. We take [gun-crime] defendants who are already charged in state court and try them in federal court. That?s because we think they?ll get a much longer sentence in federal court. We also have proactive cases where we target dangerous criminals who are on the streets of Baltimore for federal prosecution. They typically have criminal records, but they have not been successfully prosecuted in state court or sentenced to significant periods of incarceration. Our investigations include wiretapping and flipping gang members to give us information. We?re working with Baltimore City police to find out who are the most dangerous offenders and how we can get them off the street.
Q One of the things I hear often about Baltimore is that various law enforcement agencies don?t work well together. Is that the case?
A I haven?t experienced that. When I talk to people in the Justice Department in Washington, there are some jurisdictions where there are difficulties between U.S. Attorneys and the local prosecutors, where they?re fighting over cases. We haven?t experienced thathere. Everybody?s been pretty much on the same page. There?s plenty of good work to go around.
Q Obviously you can get much longer sentences for gun crimes in federal court. But last year there were only 90 charges filed federally for gun crimes, while the Baltimore City State?s Attorney?s Office prosecuted more than 1,000 gun cases. Can you do more?
A We currently devote a pretty substantial portion of our resources statewide to prosecuting gun crime and violent crime. About one-third of our cases are gun cases, and about two-thirds are violent crime or drug trafficking. It wouldn?t be credible for us to say, “We?re going to take all of the gun cases in Baltimore City and prosecute them in federal court,” because the volume is too high. You could do that credibly in a place like Richmond, Va., where they did that only for a while. But it?s a much smaller city with a much lower crime rate. We have 70 lawyers who are responsible for civil and criminal work not just in Baltimore City, but the 23 other counties in the state. Here in Baltimore, all of our criminal cases go through six judges. We have been increasing the number of gun cases, and I expect that to continue, but nevertheless, we?re still only going to be able to handle a fraction of the overall cases. We?re trying to pick the right cases and make sure we use our resources most efficiently.
Q You?ve put up billboards across town that sarcastically make examples of certain gun criminals, such as Solothal “Itchy Man” Thomas and Raeshio “Buddy” Rice, who have gotten long sentences. Do you really think those are effective?
A I think the message is getting out there. I hear from the police that when people are arrested they?re asking, “Am I going federal or am I going state?” and they understand that it makes a differences. Typically, their experience is that if their friends have “gone federal,” they?re been convicted and done lengthy sentences. When defendants know they?re facing lengthy federal sentences, they?re much more likely to cooperate. It?s easy to say that you?re not going to “snitch” when you think you?re going to do a very short period of time in jail and you?ll be back out running with your buddies again. But if you realize that you?re going to be doing 10 or 15 years in federal prison, you have much more of an incentive to cooperate.
Q In June, you announced a couple of major drug busts. Do you think you ? the Drug Enforcement Administration and the Baltimore police ? are winning the war on drugs?
A I think we?re making an impact. We certainly haven?t won. The DEA publishes statistics that suggest that there has been a reduction in the use of drugs. I don?t think law enforcement is ever going to be able to wipe out illegal drugs, but I do think we?re having an impact.
Q Do you have any idea why Baltimore is such a prominent heroin town?
A That?s a historical issue, and I don?t know why that is. Before crack hit the major cities, Baltimore was known as a heroin town and it persists.
Q Have you found a lot of drugs are coming into Baltimore through the port?
A Drugs come in through all sorts of ways. People can bring them in in a car. They also come in in airplanes. People are prosecuted for being swallowers and digesting drugs. Drugs also come in by mail. And yes, they come in through the port also. There are countless ways.
Q How great is the terrorism threat at the port?
A The threat is high. Fortunately, we?ve been six years without an attack on American soil. But the threat is significant.
Q Are we going to see any federal racketeering prosecutions of the gangs in Baltimore?
A Yes. We use that statute when we think we need it. One of the reasons you don?t see it more often in drug gang cases is the punishments for drug crimes are already so high, it?s unnecessary. You saw it in our prosecution of MS-13 in Greenbelt, where there were no allegations of drug dealing.
Q What can schools do better to prevent kids from joining gangs?
A Too many schools are not doing anything. If you?re in a jurisdiction where a substantial portion of your students are getting involved in criminal activity and gangs and dropping out of school, they?re not getting an education. Educators ought to make it part of their mission. What they can do is integrate crime prevention into the school curriculum and educate students about the consequences of crime.
Q I?ve heard from sources within the Baltimore Police Department that gangs have tried to infiltrate the department ? and at times been successful ? in planting their members inside to do their bidding. You had the successful prosecutions of two police officers who were working with criminals. Is gang infiltration of police something you?re looking into?
A If any leads come to our attention, we?ll certainly follow up on them. It?s always a problem in law enforcement: Who?s watching the watchers? How do you make sure the people who are supposed to be enforcing the law aren?t part of the problem? We review any allegations that come up.
Q What role does your office have in prosecuting priests in the area who molest kids?
A Typically, sexual abuse is an issue for state prosecutors. It can become federal issue if there is child pornography involved or if the crime crosses state lines.
Q What is the most important case your office has prosecuted this year?
A There are so many, but the Leeander Blake case stands out. Here?s a young man who would have literally gotten away with murder if we hadn?t have stepped in and prosecuted him federally. We?ve also had a number of drug gang cases and fraud cases that were very important. [Blake was convicted in U.S. District Court and sentenced to life in prison this August for a high-profile 2002 carjacking and murder in Annapolis. He had previously beaten state charges against him, after Maryland?s highest court threw out his confession.]
Q Was there a case you consider most challenging this year? How about the prosecution of former state senator Thomas Bromwell?
A The Bromwell case presented a challenge because the defense attorneys who no longer represent the Bromwells filed some pleadings that had false allegations about the prosecutors in the case. That?s troubling to me because our prosecutors are really dedicated public servants. They don?t get a lot of glory. So it?s very frustrating for me when they get attacked publicly.
Q The last Maryland U.S. Attorney, Tom Dibagio, said he was politically fired. How much political pressure do you feel in your job?
A I do not get calls from President Bush or anyone in the White House. We have a pretty substantial degree of autonomy. There?s a public perception that politics play a role in how the justice department operates but that?s not the reality on an every day basis. Most of the work we do is completely independent of politics.
Q Dibagio got in hot water when he asked his staff for “front page” indictments in political corruption cases. Are you seeking large-scale political corruption cases from your staff?
A Our goal is to prosecute enough cases in every area to make an impact.
Q Do you feel your prosecutors and federal agents have rooted out all the political corruption in the area?
A No. Unfortunately, I think there?s still plenty to be found. There always will be. You can never solve a crime problem, declare success and walk away. Criminals will always move into a law enforcement vacuum. If they know you?re not prosecuting corruption, they will try to corrupt public officials. It?s shocking. Who would think in the 21st century people would be engaging in such blatant fraud? Congressmen taking houses and boats as bribes and people stashing money in their freezer. But it happens, and I think it will always happen.
Q Is your agency looking into the controversial pension awarded to former Baltimore Deputy Police Commissioner Marcus Brown, now the head of the Maryland Transportation Authority Police?
A I?m not going to comment on that specifically.
Q It?s been nearly four years since the unsolved death of Assistant U.S. Attorney Jonathan Luna. Is it troubling to you that the case remains open?
A My office is not investigating the case, but most of the early information that lead people to believe it was a work-related murder has turned out not to be true. There?s information to suggest it might have been a suicide. I?m not sure we?ll ever get a satisfactory answer.
Q A suicide with 36 stab and cut wounds? That?s an odd way to kill yourself.
A Mysterious suicides are often very strange, and often families are reluctant to accept that.
